THE CONCEPT OF HUMANITARIAN INTERVENTION AND THE LEGAL ANALYSIS OF THE CASE OF KOSOVO

Abstract

This study aims to examine the international legal dimension of humanitarian military intervention, with a focus on NATO's intervention in Kosovo as a significant example. From an international law perspective, NATO's intervention in Kosovo represents a case where a regional organization used force for humanitarian purposes in the absence of United Nations (UN) action during a humanitarian crisis. However, this intervention differs from other cases in that it faced opposition and the use of veto power from two permanent members of the UN Security Council, Russia and China. As a result, the Kosovo intervention, carried out without the authorization of the Security Council, sparked a global scholarly debate about the functionality of the UN collective security system. In this regard, the Kosovo intervention represents a precedent in both doctrine and practice. In this context, it is crucial to first examine the concept of humanitarian intervention, the theories related to it, and the legal status of the humanitarian intervention conducted in Kosovo. Therefore, this study relies on international documents, decisions, the founding documents of international organizations, books, and scientific journals, utilizing a literature review method for scientific research. The study is limited to the humanitarian intervention in Kosovo. Consequently, the focus will be on discussing whether the intervention was conducted in accordance with international law.